Bill Text: NY S00307 | 2015-2016 | General Assembly | Introduced


Bill Title: Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S00307 Detail]

Download: New_York-2015-S00307-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          307
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to personal infor-
         mation restrictions for public records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-jj to read as follows:
    3    S 399-JJ. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1. NO
    4  PERSON OR BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE  AN  INSTRUMENT
    5  AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
    6  AN  AGENCY  CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF ANY OTHER
    7  PERSON, UNLESS SUCH OTHER PERSON IS A DEPENDENT CHILD OR  HAS  CONSENTED
    8  TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
    9    (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
   10    (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
   11  COURT RULE.
   12    FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
   13  A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
   14  CREATION OF THE DOCUMENT.
   15    2.  ANY  AGENCY  THAT  RECEIVES INSTRUMENTS FOR FILING SHALL POST IN A
   16  PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
   17  LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
   18  FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
   19  ONE OF THIS SECTION AND SUBDIVISION SIX OF SECTION THREE  HUNDRED  NINE-
   20  TY-NINE-DDD OF THIS ARTICLE.
   21    3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
   22    (A)  "AGENCY"  MEANS ANY STATE OR MUNICIPAL DEPARTMENT, BOARD, BUREAU,
   23  DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,  PUBLIC  CORPORATION,
   24  COUNCIL,  OFFICE  OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01908-02-5
       S. 307                              2
    1  OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE  MUNICIPALITIES
    2  THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
    3    (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
    4  NUMBER, MOTHER'S MAIDEN NAME, CONSUMER CREDIT ACCOUNT  NUMBER  OR  CODE,
    5  SAVINGS  ACCOUNT  NUMBER  OR  CODE,  CHECKING ACCOUNT NUMBER OR CODE, OR
    6  DEBIT CARD NUMBER OR CODE.
    7    4. UPON ANY VIOLATION OF THE PROVISIONS OF THIS SECTION,  AN  APPLICA-
    8  TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
    9  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
   10  AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE
   11  DAYS,  TO  ENJOIN  AND  RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT
   12  SHALL APPEAR TO THE SATISFACTION  OF  THE  COURT  OR  JUSTICE  THAT  THE
   13  DEFENDANT  HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE
   14  COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
   15  OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
   16  DAMAGED  THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES
   17  TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)
   18  OF  SECTION EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW
   19  AND RULES, AND DIRECT RESTITUTION. IN  CONNECTION  WITH  AN  APPLICATION
   20  MADE  UNDER  THIS  SECTION,  THE  ATTORNEY GENERAL IS AUTHORIZED TO TAKE
   21  PROOF AND TO MAKE A DETERMINATION OF THE RELEVANT  FACTS  AND  TO  ISSUE
   22  SUBPOENAS  IN  ACCORDANCE  WITH  THE  CIVIL  PRACTICE LAW AND RULES. ANY
   23  PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
   24  SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
   25  INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
   26  VIOLATED THE PROVISIONS OF SUBDIVISION  ONE  OF  THIS  SECTION  IF  SUCH
   27  PERSON,  BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION OF
   28  THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
   29  LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
   30    S 2. This act shall take effect on the ninetieth day  after  it  shall
   31  have become a law.
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